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NY State — NY Real Property Actions & Proceedings Law

§ 405 — SECTION 405 Interest defeasible by remarriage

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 405?

Quick Answer

This section addresses the valuation of interests that are subject to defeasance upon the remarriage of a life tenant. It allows for the consideration of this defeasibility in valuations if justice requires, utilizing actuarial tables for accuracy. Applies to property interests affected by life estates.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 405 SECTION 405 Interest defeasible by remarriage

RPAPL § 405

Whenever an interest is defeasible on the remarriage of a person whose life is involved, this fact of defeasibility may be taken into account in the valuation of any such interest or of any interest subject thereto, if justice requires. For this purpose, the Casualty Actuarial Society's Table on Remarriage or other tables accepted by actuarial practice shall be employed.

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